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'Clearer heads' and calls for tribal inclusion as Colorado River bigwigs prep for Las Vegas meeting

Attendees mingle in the hallway at the Colorado River Water Users Association conference on Dec. 15, 2021. Farmers, journalists, academics, city officials and others gather in Las Vegas to hear policymakers chart the future of the Colorado River.
Alex Hager
/
KUNC
Attendees mingle in the hallway at the Colorado River Water Users Association conference on Dec. 15, 2021. Farmers, journalists, academics, city officials and others gather in Las Vegas to hear policymakers chart the future of the Colorado River.

The fate of the Colorado River hangs in the balance. But for the first time in a few years, the people who decide its future say there鈥檚 less urgency to find a solution, and that鈥檚 a good thing. A wet winter and a recent conservation deal have helped stave off record-low levels at the nation's largest reservoirs, and leaders say they can turn their attention to long-term river management.

The biggest water policymakers in the arid West will soon convene at the Colorado River鈥檚 marquee 鈥 the Colorado River Water Users Association meeting in Las Vegas. Ahead of this year鈥檚 conference, leaders say they have more bandwidth to find a solution to the growing supply-demand imbalance that is straining the river.

The event brings together hundreds of scientists, politicians, tribal members, farmers and others with a stake in the future of the water supply for roughly 40 million people across the Southwest. While they鈥檙e still facing the daunting challenge of agreeing on cutbacks to water use by farms, ranches and cities from Wyoming to Mexico, many say last year鈥檚 wet winter helped clear the way for more productive talks.

鈥淚 think where we are heading into this one is, fortunately, not much to really get too excited about, which is a nice thing,鈥 said JB Hamby, the top water negotiator from California.

Hamby, who hails from a farm district that uses more Colorado River water than any other single entity in the region, said water managers have arrived at a 鈥淕oldilocks鈥 level of urgency. Many past conferences, including 2022鈥檚 meeting, were focused on creating to protect the Southwest鈥檚 big reservoirs from infrastructural damage.

This time around, Hamby said, negotiators can focus on the bigger picture: agreeing on a new, lasting set of river-sharing rules to replace the current set, which expires in 2026.

鈥淣ow we have an open runway to figure out post-2026 with a much lower temperature and clearer heads,鈥 he said.

Hamby and other negotiators are tight-lipped about the progress of that negotiation process, but tend to project optimism about finding a collective solution. Hamby, who said he was as recently as January, now says the dynamics of river management talks have 鈥渟hifted dramatically鈥 for the better.

Hearts and minds

Formal talks about the nitty-gritty of post-2026 river guidelines mostly happen behind closed doors. But the seven states which use water from the Colorado River may see the conference in Las Vegas as a place to garner sympathy and support from water experts around the basin.

鈥淚t seems like my constant challenge is making sure that we're understood in the Upper Basin,鈥 said Becky Mitchell, Colorado鈥檚 top water negotiator.

Colorado and its allies in the upper portion of the Colorado River basin 鈥 Utah, Wyoming and New Mexico 鈥 often say they feel the sting of dry years more sharply than other states. Because the majority of the river in the Upper Basin, leaders in those states say farmers and ranchers near the headwaters have to use less water after low-snow winters. They contend that growers and cities in the Lower Basin states of California, Arizona and Nevada do not have to make the same kinds of adjustments to their water use, because they can count on a predictable delivery of water from Lake Powell every year.

鈥淢y next week is going to be spent figuring out how I tell these stories so that they resonate beyond Colorado,鈥 Mitchell said, citing the story of one water user who has had to use less than their full allocation in 17 of the past 23 years.

A farmer works an alfalfa field in Colorado's Grand Valley on September 8, 2018. The System Conservation Pilot Program is a short-term plan designed to incentivize water cutbacks on the region's farms and ranches. Water managers hope to use what they learn from its rollout to inform longer-term conservation plans.
Ted Wood
/
The Water Desk
A farmer works an alfalfa field in Colorado's Grand Valley on September 8, 2018. The System Conservation Pilot Program is a short-term plan designed to incentivize water cutbacks on the region's farms and ranches. Water managers hope to use what they learn from its rollout to inform longer-term conservation plans.

While those dry-year impacts may be felt on a local scale, a 2022 study the Upper Basin鈥檚 overall water use is not as responsive to the ebb and flow of winter as its leaders may make it out to be.

Lower Basin states have been making their own push to gin up good press, too. In October, a new about the state of the Colorado River outlined the benefits of a wet winter and a three-state in creating more space for talks about the long-term future of the water supply.

Around the time of the report鈥檚 release, water leaders in the Lower Basin mostly highlighted their conservation deal 鈥 both in and .

Meanwhile, some their conservation work was not as significant as the boost from mother nature. A recent Politico investigation the conservation agreement may have some unintended negative consequences, too. The deal could pay out up to $1.2 billion in exchange for water cutbacks, which Politico鈥檚 Annie Snider said is 鈥渓ikely to make a broader, long-term deal to save the West鈥檚 most important river more expensive.鈥

More room for tribes

Since the earliest days of Colorado River management, Indigenous people have been on the fringes of talks about how to share its water. Some of the 30 federally-recognized tribes which use water from the Colorado River say they鈥檙e still being of the rooms where important decisions are made about water policy.

Calls for have been a staple of recent annual meetings in Las Vegas, but tribal water advocates say there鈥檚 still a need for more.

鈥淲e want our participation to be institutionalized,鈥 said Lorelei Cloud, acting chairman of the Southern Ute Indian Tribe. 鈥淭hat is going to be key.鈥

Cloud, whose tribe sits in the southwest corner of Colorado River, said she and other I ndigenous water leaders are pushing for legally-protected seats at the table in post-2026 water management. Those seats, she said, should be designed to withstand changes in tribal, state or federal administrations.

Tribal leaders say some progress has been made to give them a larger role in water talks. Cloud, who recently became the first Native American person to serve on the Colorado Water Conservation Board, praised the efforts of her state and the Upper Colorado River Commission. That body helps give Colorado, Utah, Wyoming and New Mexico a unified voice in region-wide water talks.

鈥淲e've had to hash out a lot of historical traumas and things that have happened to us, preventing us from being a part of those conversations,鈥 she said. 鈥淚n the Upper Basin, I think we're blazing that trail right now. We're ahead of the game.鈥

Barrels, used to carry water to homes in To鈥橦ajiilee, NM, sit in the back of a pickup truck on Nov. 15, 2021. Tribal communities around the Southwest often lack access to clean running water.
Alex Hager
/
KUNC
Barrels, used to carry water to homes in To鈥橦ajiilee, NM, sit in the back of a pickup truck on Nov. 15, 2021. Tribal communities around the Southwest often lack access to clean running water.

The discussion of tribal inclusion in Colorado River management has often ignored the nuances and diverse needs of different tribes, according to Indigenous leaders across the region.

鈥淭o think that there鈥檚 an 鈥業ndian solution鈥 really dishonors the uniqueness of the tribes,鈥 Daryl Vigil, a member of the Jicarilla Apache Nation in New Mexico, said at a water law conference earlier this year.

That uniqueness, Cloud said, needs to be acknowledged in the new set of water-sharing rules that gets drawn up by 2026.

鈥淲e're all going to do what is best for our tribe, because we're a sovereign nation,鈥 she said. 鈥淭hat's where a lot of people don't have the understanding that each tribe is going to work differently.鈥

Despite holding rights to about a quarter of the river鈥檚 flow, many tribes lack the to use their full water allocations. Some with major water quality issues. On the Navajo Nation, for example, almost 40% of homes don鈥檛 have access to clean water. On the Southern Ute reservation, 15% of homes running water at all.

Cloud said she plans to share the stories of those people at the upcoming Las Vegas conference.

鈥淚 can take those with me and help other people to understand what our people go through to get water in their home, or to have water on a daily basis,鈥 she said. 鈥淭hat's my duty as a tribal leader, to make those personal connections.鈥

鈥榃e're still really close to the edge of the cliff鈥

In the spring, when Rocky Mountain snow started melting into the streams that feed the Colorado River, the word on water leaders鈥 lips was 鈥渟quander.鈥

鈥淭he hydrology this year has been nothing short of amazing and I think it鈥檚 up to us to ensure that we don鈥檛 squander it,鈥 Estevan L贸pez, the Colorado River negotiator for New Mexico, in April.

Officials from and made similar statements in regards to the wet boost. But so far, water use across the basin has not been significantly reduced.

鈥淎s we listen to the agreements, you would think that our rate of consumption was significantly less than it had ever been after any other wet year, and that is not the case,鈥 said Jack Schmidt, who directs the Center for Colorado River Studies at Utah State University. 鈥淲e are sort of using water at a similar rate as in other years.鈥

People unload a boat on the shores of Lake Powell on April 10, 2023. The nation's largest reservoirs saw a boost from winter snow, but Colorado River policymakers are still under pressure to come up with long term changes to water demand in the Southwest.
Alex Hager
/
KUNC
People unload a boat on the shores of Lake Powell on April 10, 2023. The nation's largest reservoirs saw a boost from winter snow, but Colorado River policymakers are still under pressure to come up with long term changes to water demand in the Southwest.

Schmidt wrote about the current status of reservoir storage around the Colorado River basin in a showing that the boost from last winter has been relatively modest and is being depleted in a way that could quickly erase any temporary gains. He said the region is currently using water at a rate that is 鈥渦nexceptional,鈥 comparing the current situation to 2011, 2017 and 2019, when big winter gains were consumed or lost to evaporation within two years.

鈥2023 just got us to take one step back from the edge of the cliff, but we're still really close to the edge of the cliff,鈥 Schmidt said.

Schmidt called for a change in how water data is reported to the public. He said the Bureau of Reclamation, the federal agency which manages the West鈥檚 major reservoirs, should more 鈥渢ransparently鈥 publish data about the total amount of water stored in those reservoirs, rather than potential savings created by legal agreements.

鈥淭here are a lot of behind the scenes shell games that you can play with where you store water,鈥 he said.

Common ground

A long-term fix to the Colorado River crisis often seems far off. A new set of guidelines to the river will need to bridge a that have simmered for generations 鈥 long-standing feuds between states, tensions between and , and steady calls for greater inclusion of tribes.

But water leaders from across the arid West have started to highlight one glimmer of hope. The majority of them agree on the nature and severity of the problem. Two decades of dry conditions, , are shrinking the amount of water in the river and its reservoirs, and demand needs to be brought down substantially to create a sustainable long-term future for the river.

鈥淭he one optimism that I have is there is wide recognition amongst every single entity that takes Colorado River (water) in the basin, at least in the lower basin, we know that this is a new reality,鈥 said Vineetha Kartha, Colorado River programs manager at the Central Arizona Project.

Kartha鈥檚 agency manages a 336-mile pipeline that brings Colorado River water across the Arizona desert and supplies the Phoenix area. It is among the first water agencies in the basin to see cuts to its water supply under a federal mandate.

Kartha said that a solution may require new, innovative ideas like changes to the way water is measured or are triggered. Regardless of how that solution is carried out, Kartha said it must involve collaboration.

鈥淚 always tell my kids many hands make light work,鈥 she said. 鈥淭hat's the same thing here.鈥

This story is part of ongoing coverage of the Colorado River, produced by KUNC and supported by the Walton Family Foundation.

Copyright 2023 KUNC. To see more, visit .

Alex Hager graduated from Elon University in North Carolina with a bachelor鈥檚 degree in journalism. He'll join Aspen Public Radio from KDLG in Dillingham, Alaska.
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